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Old 21st September 2015, 16:07   #1
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Default What to do if the other party has no Insurance?

Mods, I hope this subject merits a new thread.

While much has been written on how to go about claiming 3rd party insurance, I'm at a loss trying to figure out what to do when the other party has no insurance?

Case in point: I was hit by an overtaking Tata Ace. My rear door took the brunt of the impact and had to be replaced, necessitating an expenditure of around 50K. The other driver, in his 50s, was apologetic and admitted to his error in judgement, but his vehicle did not possess a valid insurance cover. The owner, when contacted, refused to pay for my damages even though the driver admitted his fault. Instead, he told me to do whatever I wanted to the driver and recover whatever I could from him. Even the threat of a police complaint, and the fact that his Ace had no insurance did not have any effect on him (he just said that he would be out on bail before the sun set if I chose to file an FIR)

Now, here's my dilemma:

A) If I choose to go with a police complaint:
  1. My car is impounded for a few weeks (best case) by the police. I can also expect a few more dents and numerous scratches, not to mention stolen tyres, ORVMs, etc., when the vehicle is finally released.
  2. My insurance does not cover any expenditure, so I foot the 50K repair bill
  3. I have to go to court to get damages from the owner of the Ace, which I'm told can take anywhere from 5 to 10 years, with a 50% chance of the case getting dismissed due to improper investigation, lack of witnesses, etc.
  4. I save my NCB
B) On the other hand, if I claim self-accident or hit-and-run by an unknown vehicle:
  1. My vehicle gets repaired immediately with no FIR (if I state self-accident)
  2. My insurance covers the entire expenditure (I have a nil depreciation cover)
  3. I lose my NCB, a mere 2K
  4. The owner of the Ace gets away scot-free with impunity
Your comments and suggestions are welcome

Last edited by GTO : 22nd September 2015 at 14:05. Reason: Typos
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Old 21st September 2015, 16:14   #2
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Default re: What to do if the other party has no Insurance?

Option B with eyes closed. Its not worth the hassle when rules are so pro thuggery.

Lose the NCB of 2K, get the car repaired and move on.
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Old 21st September 2015, 16:20   #3
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Default re: What to do if the other party has no Insurance?

Let sense prevail over feelings and make a self-accident claim.
You know the state of utter lawlessness we are in, court cases will never come to hearings in our lifetimes.
If you know someone powerful enough to instill some fear into this third party, try to use the influence.

Finally, as he sows, so shall he reap.
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Old 21st September 2015, 16:27   #4
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Default re: What to do if the other party has no Insurance?

India I guess. Option B for certain. Eyes closed.

Apply a pain balm, soothe away and pain and move on. No offense at all intended. Option A is just not worth it.
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Old 21st September 2015, 16:40   #5
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Default re: What to do if the other party has no Insurance?

Hi Hemant, I remember same case had happened to my father once, a KSRTC bus hit our M800 rear left door while overtaking from the left side, somehow my dad chased him and stopped, but of no usefulness, indeed they had few arguments and the driver did not even apologize for his mistake.
Finally the car door was completely tinkered with almost 80% matching color and that looked so awkward, with insurance amount of-course [he selected the option B]
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Old 21st September 2015, 16:41   #6
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Default re: What to do if the other party has no Insurance?

Thanks to everyone who suggested option B, yes I'm inclined to go with it. However, for my knowledge, and in the greater interest of the community, I would appreciate if anyone could share some advice on how to go about option A with the least amount of heartache. I shudder to think what would've happened if I didn't have nil depreciation, or if any of the occupants of either vehicle had been injured.
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Old 21st September 2015, 17:31   #7
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I went with option A once, and I'm sad to say that the cops didn't even bother to trace down the errant cab. I gave up the pursuit after four wasted days of going to the station, and seeing no progress. On an average I wasted around 3 hours each day waiting for action to happen or being sent from one person to another.

Go for option B like everyone had suggested.
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Old 21st September 2015, 17:38   #8
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Default re: What to do if the other party has no Insurance?

Quote:
Originally Posted by hemant.kamat View Post
Thanks to everyone who suggested option B, yes I'm inclined to go with it..

However, for my knowledge, and in the greater interest of the community, I would appreciate if anyone could share some advice on how to go about option A with the least amount of heartache...

A) If I choose to go with a police complaint:
My car is impounded for a few weeks (best case) by the police. I can also expect a few more dents and numerous scratches, not to mention stolen tyres, ORVMs, etc., when the vehicle is finally released.
My insurance does not cover any expenditure, so I foot the 50K repair bill
I have to goto court to get damages from the owner of the Ace, which I'm told can take anywhere from 5 to 10 years, with a 50% chance of the case getting dismissed due to improper investigation, lack of witnesses, etc.
I save my NCB
1 - I don't think the police should impound your car, the driver has agreed to his mistake and if you grease a few palms well, you should be back home in your car. It will most probably the Ace that should be impounded, for lack of insurance and will to pay up for damages.
2 - Did your insurance company say that they won't pay, if the other party is uninsured? I would suggest you check with them and tell them you intend to file a police report of the accident.
3 - Most probably, the police would try to get both parties to agree amicably. For sure, they will try to make more than a few bucks off the Ace owner, since he had no insurance, when the accident occurred.
4 - Since your NCB is hardly 2k, why even worry about it.

If you wish to push with option A, the best thing to do is, get the Ace owner to foot some X% of the repair costs.
Getting the entire sum from him legally, is next to impossible! Not that the law has no teeth but as we all know.
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Old 21st September 2015, 17:39   #9
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Default re: What to do if the other party has no Insurance?

Quote:
Originally Posted by hemant.kamat View Post
However, for my knowledge, and in the greater interest of the community, I would appreciate if anyone could share some advice on how to go about option A with the least amount of heartache.
Well, with Option A, there is no possibility of "least amount of heartache". You can add equivalent amount of headache to it too.

In case if one himself has only 3rd Party Insurance, he should spend from his pocket and forget about it.

If one himself is well connected, gauge the owners clout before getting into Option A and let his Lawyers handle it, just for the sake of teaching the owner a lesson. But why would he do that? There are so many of this type in the country, he is probably tired already and knows there is no end to this teaching.

Should one have no work to pass time, they should select Option A, and make a documentary film out of it. Long time I came across a good one. This one, if it gets completed, would run into days even if only the highlights are shown.

Last edited by vinit.merchant : 21st September 2015 at 17:42.
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Old 21st September 2015, 18:19   #10
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Default re: What to do if the other party has no Insurance?

Go with option B, but call the traffic police to the spot, tell them that you are not filing an FIR, but let them know the other vehicle doesn't have insurance. He will get fined for sure and in all probability will have to do a run around for few days to get the vehicle back. That should cover the heartache of letting go of your 2k NCB.
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Old 21st September 2015, 19:41   #11
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Default re: What to do if the other party has no Insurance?

Do yourself a favour, and go with option B. You will save time, money and numerous trips to the police station. Insurance is meant to be used, don't worry too much about the no claim bonus.
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Old 21st September 2015, 20:28   #12
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Default re: What to do if the other party has no Insurance?

On a lighter vein, before going for Option B, give the Ace a deliberate tonk with the same part your car got hit, good enough to cause considerable damage to the Ace. Atleast you will drive away with the satisfaction of having given him some of your own!
Jokes apart, OPTION B.
In future, simply try recovering your NCB from the offending party.
Safe Driving.
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Old 21st September 2015, 20:35   #13
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Default re: What to do if the other party has no Insurance?

Quote:
Originally Posted by srs_shetty87 View Post
Did your insurance company say that they won't pay, if the other party is uninsured? I would suggest you check with them and tell them you intend to file a police report of the accident.
Yes, I explained the situation to my insurer, but they said they wouldn't approve a 3rd party claim unless the other party had a valid 3rd party insurance cover. The only way I would be covered was if I chose to go with self-accident (no FIR,) or hit-and-run (FIR against unknown vehicle required.) In both cases, I end up losing my NCB and will be charged a higher premium during renewal.

Quote:
Originally Posted by Unavowed_X9 View Post
On a lighter vein, before going for Option B, give the Ace a deliberate tonk with the same part your car got hit, good enough to cause considerable damage to the Ace. Atleast you will drive away with the satisfaction of having given him some of your own!
The though did cross my mind to smash the Ace, but it would probably result in the owner taking it out on the 50-something driver later. I don't hold a grudge against him (the driver) considering his age and attitude. It may have been a genuine judgement error - there was a speeding vehicle coming in the opposite direction and with a scooter to my left, I didn't have any room to maneuver.

Last edited by hemant.kamat : 21st September 2015 at 20:43.
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Old 21st September 2015, 20:55   #14
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Default re: What to do if the other party has no Insurance?

Quote:
Originally Posted by hemant.kamat View Post
Yes, I explained the situation to my insurer, but they said they wouldn't approve a 3rd party claim unless the other party had a valid 3rd party insurance cover. The only way I would be covered was if I chose to go with self-accident (no FIR,) or hit-and-run (FIR against unknown vehicle required.) In both cases, I end up losing my NCB and will be charged a higher premium during renewal.



The though did cross my mind to smash the Ace, but it would probably result in the owner taking it out on the 50-something driver later. I don't hold a grudge against him (the driver) considering his age and attitude. It may have been a genuine judgement error - there was a speeding vehicle coming in the opposite direction and with a scooter to my left, I didn't have any room to maneuver.
As an afterthought, you have a soft heart. Thats cool. But there is a fine line between a judgement error and incapability. A sensible driver has skills of anticipation. Once you lose them, if you mean the guy had grown older and lost his skills, then there is no point driving!
Considering the case in point, the Option seems pretty obvious.
Had a similar situation once in Goa. A proper hit and run case, even while my vehicle was static in parking mode! The hit was so bad, the left rear door was sliced horizontally for a good 4 inches through the metal, and the door bent vertically. Chased the guy, got my NCB and let him off. Got my rear door fixed after coming back to Bangalore.

Safe driving.

Last edited by Unavowed_X9 : 21st September 2015 at 21:01.
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Old 21st September 2015, 21:37   #15
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Default re: What to do if the other party has no Insurance?

Step 1: File a police complaint.

Step 2: Claim your full cover insurance. Nothing is stopping you from filing a claim, and they are supposed to pay you for that.

Step 3: Go to court.


FYI: The police need not impound your car in this case.

I have a feeling, he is showing basic street smartness. If you proceed with the case, he might end up paying. As he will have to spend a lot more, if the case proceeds.
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